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ARCHIVED - Broadcasting Decision CRTC 2011-698

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Application 2011-0337-4, received 16 February 2011 Public hearing in the National Capital Region 18 July 2011

English-language FM radio station in Prescott

1. The Commission approves the application by Haliburton Broadcasting Group Inc. (Haliburton) for a broadcasting licence to operate an English-language FM commercial radio programming undertaking in Prescott, Ontario. The new station will operate at 107.9 MHz (channel 300A) with an average effective radiated power (ERP) of 1,000 watts (maximum ERP of 4,200 watts with an effective height of antenna above average terrain of 120 metres). The terms and conditions of licence are set out in the appendix to this decision. The Commission received interventions in support of this application.

2. Haliburton is controlled by Mr. Christopher Grossman through his ownership and control of Beaumaris Group Inc., Haliburton’s controlling shareholder.

3. The station will offer a Hot Adult Contemporary music format and broadcast a minimum of 126 hours of local programming in each broadcast week, including approximately 15 hours of spoken word programming. Haliburton will devote 2 hours and 45 minutes of the spoken word programming to pure news, 50% of which will feature local news stories. The station will also feature weather, sports, a community calendar, health and lifestyle segments, as well as entertainment features. Haliburton committed to devote at least 40% of all category 2 (Popular Music) musical selections broadcast during each broadcast week and between 6 a.m. and 6 p.m. from Monday to Friday to Canadian selections broadcast in their entirety. A condition of licence to this effect is set out in the appendix to this decision.

Canadian content development

4. The Commission reminds the applicant that it must adhere to the requirements relating to contributions to Canadian content development (CCD) set out in section 15 of the Radio Regulations, 1986, as amended from time to time. The Commission notes the applicant’s commitment to exceed the minimum required contribution. Specifically, the applicant committed to devote, over and above the required basic annual contribution to CCD, an annual contribution of $5,000 for a total of $35,000 over seven consecutive broadcast years, upon commencement of operations. Of this amount, 20% will be devoted to FACTOR or MUSICACTION, with the remainder to an eligible CCD initiative. A condition of licence to this effect is set out in the appendix to this decision.

5. The Commission reminds the applicant that any development initiatives that have not been allocated to specific parties by condition of licence must be allocated to the support, promotion, training and development of Canadian musical and spoken word talent, including journalists. Parties and initiatives eligible for CCD funding are identified in paragraph 108 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006. In its application, Haliburton proposed to allocate a portion of its CCD contribution to the Radiostarmaker Fund. The Commission reminds the applicant that its proposed contribution to the Radiostarmaker Fund would only be eligible in the context of a tangible benefits contribution arising from a transfer of assets or control and not in the context of a new licence application.

Secretary General

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2011-698

Terms, conditions of licence, expectation and encouragement

Issuance of the broadcasting licence to operate an English-language commercial FM radio programming undertaking in Prescott, Ontario

Terms

The licence will expire 31 August 2018.

The new station will operate at 107.9 MHz (channel 300A) with an average effective radiated power (ERP) of 1,000 watts (maximum ERP of 4,200 watts with an effective height of antenna above average terrain of 120 metres).

The Department of Industry (the Department) has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

The Commission reminds the applicant that pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met and that a broadcasting certificate will be issued.

Furthermore, the licence for this undertaking will be issued once the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 10 November 2013. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.

Conditions of licence

1. The licence will be subject to the conditions set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009.

2. The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986, in any broadcast week:

a) devote, in that broadcast week, a minimum of 40% of its musical selections from content category 2 (Popular Music) to Canadian selections broadcast in their entirety; and

b) devote, between 6:00 a.m. and 6:00 p.m., in the period from Monday to Friday of the same broadcast week, a minimum of 40% of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

For the purposes of this condition, the terms “broadcast week,” “Canadian selection,” “content category” and “musical selection” shall have the same meaning as that set out in the Radio Regulations, 1986.

3. In addition to the basic annual contribution to Canadian content development (CCD) set out in section 15 of the Radio Regulations, 1986, as amended from time to time, the licensee shall, upon commencement of operations, make an annual contribution of $5,000 per broadcast year (for a total of $35,000 over seven consecutive broadcast years) to the promotion and development of Canadian content. Of this amount, the licensee shall allocate no less than 20% per broadcast year to FACTOR or MUSICACTION. The remainder of this additional CCD contribution shall be allocated to parties and initiatives fulfilling the definition of eligible initiatives set out in paragraph 108 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006.

Expectation

Cultural diversity

The Commission expects the licensee to reflect the cultural diversity of Canada in its programming and employment practices.

Encouragement

Employment equity

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.